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• <br /> substantially all of such entity's assets, (iii) orders the liquidation of Trustor or any general partner thereof, <br /> or(iv) issues or levies a judgment, writ, warrant of attachment or similar process against the Property, and <br /> in each case the order or decree is not released, vacated, dismissed or fully bonded within 60 days after its <br /> issuance; <br /> The holder of any other debt instrument secured by a mortgage or deed of trust on <br /> the Property or part thereof declares an event of default thereunder and exercises a right to declare all <br /> amounts due under that debt instrument immediately due and payable, subject to the expiration of any <br /> applicable cure period set forth in such holder's documents; or <br /> j. Trustor fails to perform any obligation arising under this Deed of Trust other than <br /> one enumerated in this Section 8.1, and does not cure that failure either within ten (10) days after written <br /> notice from Beneficiary or Trustee in the event of a monetary default, or within sixty(60) days after such <br /> written notice in the event of a nonmonetary default, provided that in the case of a nonmonetary default that <br /> in Beneficiary's reasonable judgment cannot reasonably be cured within sixty(60)days, an Event of <br /> Default shall not arise hereunder if Trustor commences to cure such default within sixty (60) days and <br /> thereafter prosecutes such cure to completion with due diligence and in good faith and in no event later <br /> than 120 days following receipt of notice of default.. <br /> 8.2 Remedies. Subject to the applicable notice and cure provisions set forth herein, at any <br /> time after an Event of Default, Beneficiary and Trustee shall be entitled to invoke any and all of the rights <br /> and remedies described below, and may exercise any one or more or all, of the remedies set forth in any <br /> Loan Document, and any other remedy existing at law or in equity or by statute. All of Beneficiary's rights <br /> and remedies shall be cumulative, and the exercise of any one or more of them shall not constitute an <br /> election of remedies. Beneficiary shall be entitled to collect all expenses incurred in pursuing the remedies <br /> provided hereunder, including without limitation reasonable attorneys'fees and costs. <br /> a. Acceleration. Beneficiary may declare any or all of the Secured Obligations, <br /> including without limitation all sums payable under the Note and this Deed of Trust,to be due and payable <br /> immediately. <br /> b. Receiver. Beneficiary may apply to any court of competent jurisdiction for, and <br /> obtain appointment of, a receiver for the Property. <br /> c. Entry. Beneficiary, in person, by agent or by court-appointed receiver, may enter, <br /> take possession of, manage and operate all or any part of the Property, and may also do any and all other <br /> things in connection with those actions that Beneficiary may in its sole discretion consider necessary and <br /> appropriate to protect the security of this Deed of Trust. Such other things may include: taking and <br /> possessing copies of all of Trustor's or the then owner's books and records concerning the Property; <br /> entering into, enforcing, modifying, or canceling Leases on such terms and conditions as Beneficiary may <br /> consider proper; obtaining and evicting tenants; fixing or modifying Rents; collecting and receiving any <br /> payment of money owing to Trustor; completing any unfinished construction; and/or contracting for and <br /> making repairs and alterations. If Beneficiary so requests, Trustor shall assemble all of the Property that <br /> has been removed from the Land and make all of it available to Beneficiary at the site of the Land. Trustor <br /> hereby irrevocably constitutes and appoints Beneficiary as Trustor's attorney-in-fact to perform such acts <br /> and execute such documents as Beneficiary in its sole discretion may consider to be appropriate in <br /> connection with taking these measures, including endorsement of Trustor's name on any instruments. <br /> 2002455.2 14 <br />